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Employment law brief: 7 March 2019

07 March 2019 / Ian Smith
Issue: 7831 / Categories: Features , Employment
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In this month’s employment brief, Ian Smith examines the long shadow cast by the infamous ‘gay cake case’ & takes a look at some exceptions to the unfair dismissal rule

  • Automatic unfair dismissal: a gap in the protection?
  • Automatic unfairness again: this time on a TUPE transfer.
  • Freedom to hold a belief—but whose belief?
  • What is ‘an email’?
  • Two cases this month have concerned the exception rather than the rule in unfair dismissal law: namely where the dismissal is automatically unfair because it comes into an especially protected category. Not only are these categories important in themselves, they are also (like patriotism for the scoundrel) the last refuge of the claimant without two years’ qualifying employment. The third case considered here shows clearly the effect of the Supreme Court decision in the Lee v Ashers Baking Company Ltd and others [2018] UKSC 49, [2018] All ER (D) 43 (Oct) case. The fourth case raises the sort of question that lawyers

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    MOVERS & SHAKERS

    Freeths—Ruth Clare

    Freeths—Ruth Clare

    National real estate team bolstered by partner hire in Manchester

    Farrer & Co—Claire Gordon

    Farrer & Co—Claire Gordon

    Partner appointed head of family team

    mfg Solicitors—Neil Harrison

    mfg Solicitors—Neil Harrison

    Firm strengthens agriculture and rural affairs team with partner return

    NEWS
    Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
    The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
    Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
    The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
    A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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